Per New Jersey statute, manslaughter is considered a lesser criminal offense than murder. This is because there is a lack of intent behind the act of killing another person. However, this is not to say that this is not a seriously punishable offense. That is, with a guilty verdict, you may undoubtedly have to serve time in prison. With that being said, please follow along to find out how long your prison sentence will be for a manslaughter charge and how a proficient Morristown criminal defense lawyer at Graves Andrews, LLC, can work to reduce or eliminate this punishment, along with all other associated penalties.
How long will I have to go to prison for a manslaughter charge in New Jersey?
By its general legal definition, manslaughter is the act of causing the death of another person without premeditation, often through recklessness, in the heat of passion, or even while operating a motor vehicle. And so, reckless manslaughter, passion/provocation manslaughter, and vehicular manslaughter are all classified as second-degree crimes in the state of New Jersey. With that, the criminal court may order you to serve a prison sentence of five to 10 years.
What’s worse, though, is if the court discovers aggravated factors that contributed to the death of another person. For example, there is evidence that, at the time, you conducted yourself with extreme recklessness and indifference to human life. In response, they may upgrade your charge to aggravated manslaughter, which is a first-degree offense. This means your potential prison time may jump between 10 and 30 years.
Will I have to serve my entire prison sentence for a manslaughter charge?
You must acknowledge the existence of New Jersey’s No Early Release Act (NERA). This Act holds that individuals convicted of certain violent crimes must serve a minimum of 85 percent of their ordered prison sentence before they can become eligible for parole. Such violent crimes include manslaughter and aggravated manslaughter. So while you may not have to serve your entire sentence from prison, you may at least have to spend a majority of it there.
Importantly, though, you must understand that your parole is not automatically granted after this 85 percent has been met. Rather, you may have to undergo a formal parole hearing process, where the New Jersey State Parole Board makes the final decision on whether you have proven that you are ready to be released back into society. Here, the Board may consider factors such as your risk for reoffending, cooperation with rehabilitation programs, disciplinary infractions in prison, criminal and parole history, etc.
We understand that you may not want to deal with any of this right now, but it must be addressed for the sake of your well-being and reputation. So please allow a talented Morristown criminal defense lawyer from Graves Andrews, LLC to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.